There will be times when a child applicant is applying to come over to the UK to join with only one parent, the British Embassy may decide to call the applicant. Normally and our experience shows that the person being called is the guardian, relatives or si Lolo at si Lola madalas. May mga ilan akong mga clients na tinawagan ng British Embassy with a Filipino translator so it is my topic here: how to answer the interview, if ever the consul decides to question the circumstances in the child’s life. Malaki ang role ng Guardian sa application ng bata kaya dapat ang UK Sponsoring parent must have communicated with the Guardian with all the correct information. Hindi totoo na walang interview ang UK Embassy sa Manila dahil minsan meron.
The child’s application will fall under this so-called “Sole responsibility”. This is when a British or permanent resident parent, or adoptive parent or guardian (referred to here as parent/ guardian), living in the UK to prove to the UK Home Office that they want to bring their non-British minor child/ children under 18 into this country.
For instance, a parent/guardian with permanent residence or one who is a British citizen and who has moved to the UK may wish to bring their child into the country. Such a parent may probably have no other responsible partner or baka nagkahiwalay na sila and nobody is willing, able and available to take care of the child in their home country. In such a case, the parent is required by the Home Office to prove that they have sole responsibility for the child.
What is the Test for Sole Responsibility?
The UK sponsoring parent must prove that he or she is making the big decisions towards the child’s life. There are three main measures that a parent must prove to the UK Visas and Immigration.
- Proof of having the child’s legal responsibility
- Proof of having the sole financial responsibility to the child
- Evidence of being the primary guardian of the child
Which Criteria does the Home Office Use?
May mga tanong ang Home Office to determine if the UK sponsoring parent has sole responsibility to the child’s life. After asking these questions, the department then decides on whether a parent qualifies for sole responsibility or not.
The interview from the Embassy can ask some or all of these questions:
1.Which parent is responsible for overseeing the daily undertakings of the child?
The UK Sponsoring parent must prove that they take big decisions for the child, even though they may be physically apart. Kelangan iyong parent na nasa UK ang gumagawa ng malalaking desisyon sa buhay ng bata, at hindi ang Guardian.
For example: payment of school tuition fees, telephone calls to the child and the Guardian to give directions concerning matters relating to the child, such as medication, church or practice of faith, homework /assignments etc. are important factors. The telephone calls by the child to the UK Sponsoringparent so the child can seek day-to-day life seeking guidance and advice. If there is a lack of these issues, then the application will be unsuccessful. Documents can be provided to prove this.
2. Which parent is more often in direct contact with the child?
The UK Sponsoring parent or Guardian applying for the child to come to the UK must prove that they always communicate with the child and/or their Guardian. Documents can be provided to prove this.
3. Which parents oversee the child’s financial needs
Sino ang nagpapadala ng pera to support the child? The UK Sponsoring parent or Guardians must show that they are financially responsible for the child constantly and consistently. Although, hindi ito conclusive, but it is a big factor that the Sponsor is keen to support the life of the child. However, a warning is this: if both parents, one applying for the child to come to the UK, and the other parent living abroad, are equally financially involved in upbringing the child, then the parent/ guardian in the UK may not be able to succeed in the application, and they may find difficulty in showing sole responsibility because the consul or the Caseworker may assume that the child care is “shared” by both parents.
4. Which parent determines how the child will be brought up
The UK Sponsoring parent/guardian must also be the one making the key decisions about the upbringing of the child. He/she must be the one making the final say about the child’s school, religion, medication and where the child will live.
5. Is there a lack of contact with the child?
Madalas sa mga court hearings ko, the Home Office Immigration Lawyer will say that it will be ok for the child to communicate with the UK parents via modern technology (FB Messenger, WhatsApp etc) But the applying parent/ guardian should prove that their physical absence from the child is not in their child’s best interests, and it is insufficient to maintain contact via phone, email, or social media and that the Guardian looking after the child currently can no longer do so for whatever reasons. Documents can be provided to prove this.
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